Assault Lawyer in Fort Lauderdale
An assault charge is a serious offense that can come with harsh penalties. Whether you are innocent or have some culpability in the offense, you still have rights. Your Fort Lauderdale assault lawyer can protect those rights and fight for your interests.
By working with an experienced attorney from The Law Offices of R. David Williams, P.A., you will have a dedicated advocate by your side, who will strive to get a lighter sentence or reduced penalties. Don’t assume from the outset of your case that you have to plead guilty. All hope is not lost.
Factors Your Attorney Will Explore in Your Assault Case
Your Fort Lauderdale assault lawyer will carefully review your case to determine whether the charges have merit. They might be dismissed, or the penalties might be reduced, if any of the following apply:
- The accusation was a case of mistaken identity.
- The accusation has no basis and is completely false.
- The alleged victim provoked you.
- The threat you made was in self-defense.
- You made a hollow threat and had no means to carry through with it.
Schedule a free consultation with our Fort Lauderdale assault lawyer today to discuss your defense options.
Understanding Assault And What Leads To A Charge
Assault is often lumped with battery when it comes to criminal charges. In Florida, there are legal differences between the two. Assault is the threat of physical violence, while battery is actual physical violence.
Whether a person follows through with the threats and commits physical violence or otherwise is irrelevant for criminal culpability. In other words, threatening remarks, gestures, or behavior can be sufficient to land you in a courtroom. The two key components of an assault charge involve an individual making a credible threat, and the apparent ability to commit the act. Also, the victim must feel that violence is imminent.
You do not have to follow through with a threat and physically attack someone in order to be convicted of assault.
Assault Penalties And When The Charge Can Be Aggravated Assault
A simple assault is a second-degree misdemeanor. If the court convicts of this crime, you could face up to 60 days in jail and pay fines of up to $500. Various factors will influence the ultimate penalty. These factors include a prior criminal record and previous assault charges you may have.
If you had a deadly weapon with you when you threatened the other person, your charge could increase to aggravated assault. This charge is a third-degree felony. If you are convicted, you could spend up to five years in prison, a fine of up to $5,000, and five years of probation.
Florida law mandates that assault charges be upgraded to aggravated assault if the assault occurred with your intention to commit another felony.
Schedule a time today to meet with our experienced Fort Lauderdale assault lawyer for a free consultation. We will review the details of your case and explore possible defense options.
Was The Threat Real?
Assault cases can be challenging. Often, when no witnesses are present, it comes down to the other person’s word against yours. It’s possible that, out of anger, you made threats vaguely or even jokingly. In such circumstances, you never intended to follow through with violence. If your lawyer can prove that this was the case, the actions and words were not actual threats. A riskier but possible defense you could take is to claim that because you did not take any action on the threats, you never intended to do any harm.
You Need An Advocate
Whether you have an assault charge or an aggravated assault charge, you need an experienced, knowledgeable advocate in your corner. Assault convictions on your record can hamper your ability to get a job or secure other benefits that you need, and the charge can remain with you for the rest of your life. Call The Law Offices of R. David Williams today to book a free consultation and speak with an experienced assault lawyer.